Heath v. State

244 S.W.2d 815 (1951)

HEATH

v.

STATE.

No. 25493.

Court of Criminal Appeals of Texas.

November 28, 1951.

Rehearing Denied January 9, 1952.

Robert F. Salmon, Linden, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.

MORRISON, Judge.

The offense is murder without malice under the terms of Article 802c, Penal Code: the punishment, four years.

An automobile in which deceased was riding was involved in a head-on collision with a pickup truck driven by appellant on appellant's left-hand side of the highway. The only issue was whether appellant was intoxicated. The State, by competent…